Tribal Disenrollment In Indian Country Today is an IMMORAL Abuse of Tribal SovereigntyCORRUPT Councils Wield Sovereignty As a CLUB to BEAT the Weak and Destroy Native American Civil Rights in the Process

Thursday, October 21, 2010

Demonstration Against Racism by Freedmen of the FIVE Civilized Tribes Oct. 29th

DESCENDANTS OF FREEDMEN OF THE 5 TRIBES AND THEIR SUPPORTERS TO DEMONSTRATE AGAINST RACISM FRIDAY OCTOBER 29 2010 OUTSIDE MUSKOGEE BUREAU OF INDIAN AFFAIRS BUILDING

Descendants of Freedmen of the 5 “Civilized” Tribes (Cherokee, Creek, Choctaw, Seminole, and Chickasaw) and their supporters will demonstrate outside the Muskogee Bureau of Indian Affairs (BIA) building on Friday October 29, 2010 beginning at three PM. The building address is 3100 W Peak Boulevard, Muskogee Oklahoma.

The focus of the demonstration is to highlight the BIA refusal to protect the 1866 treaty rights of black “freedmen” to vote in tribal elections. The BIA has a legal responsibility to protect the rights of individual tribal members and descendants of tribal members protected by treaties between their tribe and the US government.

Ancestors of today’s freedmen were enslaved by tribal law of the 5 tribes solely due to their race prior to the Civil War but were granted citizenship in the tribes in 1866 by treaty agreements between the US government and the tribes. The freedmen after the Civil War were registered as tribal members by the US government Dawes Commission approximately 110 years ago when tribal lands owned in common by all tribal members were divided into individual allotments. In prior years - Freedmen not only voted but held tribal political offices.
Over the past several years BIA officials – who prior to the casino era protected political and economic rights of the black freedmen - now refuse to enforce treaty rights of the freedmen people.

Marilyn Vann, president of the Descendants of Freedmen Association states: “Denial of voting rights is clearly a badge of slavery. Badges of slavery are prohibited by the 13th amendment to the US Constitution as well as the 1866 treaties. In July 2008, the District of Columbia Court of Appeals held in the case Vann Vs Kempthorne (now Vann Vs Salazar) that the former slaveholder tribes have treated away their right to discriminate against the freedmen. Tribal elections continue to occur with freedmen whose ancestors were listed on the Dawes rolls not being allowed to exercise their rights to vote. The BIA should not allow this racism to continue.”
Persons of all races, creeds, colors, and tribal affiliations who oppose racism and support treaty rights are encouraged bring their signs and to demonstrate with the freedmen.

59 comments:

This brings up a very interesting debate. Assuming that these individuals can’t trace back to Indian blood, should they be allowed to be part of the tribe? I bring this up because most on here say that the Murphy family and the Masiel/Basquez family have no Pechanga blood, so therefore they should be removed from the tribe. Now there is the argument that the treaty gave these individuals membership rights, but the US government has a history of forcing tribes to sign treaties they didn’t understand that weren’t in their best interest. On top of all that many tribes have blood percentage requirements so they wouldn’t meet them, if they were 0% Indian. I personally haven’t picked a side, so I’m interested to hear both sides of the argument.

The Masiel/Basquez that come from the Leyva line. They committed fraud and falsified documentation to obtain there Indian status. Now I don’t know any time fraud or falsifying document was not met with immediate dismissal or criminal charges. Irene Scearce worked in the Riverside B.I.A. was caught changing her family’s blood quantum. How this was found out her niece Rita Basquez had to pay back her school loan because Irene was caught. Irene is a Basquez. Who know what other criminal acts she did that was not discover. For these acts alone they should be disenrolled. Now as far as the Murphy’s I don’t know there History as much. I heard Butch has no Indian blood. Could he be adopted? I know the Murphy’s were adopted in the tribe at a tribal meeting. I heard that the Murphy’s have stabbed a lot of families in the back that have stood up for them at that meeting. This is the problem you have a person like Butch Murphy pushing to Disenroll and he isn’t even a true Luiseno.

To the 12:10 comment: Are you suggesting that the entire Basquez/Masiel line be punished because of the fraudulent actions of Irene or should only Irene be punished? Additionally, I believe that Butch's mother Rose was determined to be accepted and adopted into the tribe. Does that mean her children and their children forever are adopted in, or should it end at some point?

To the 12:30 comment: I take comments like these with a grain of salt because things like this are always said and they never end up being true.

Well there are two Murphy lines and I'm not sure if they have any common ancestors. The one line is Butch Murphy's stemming from Rose Murphy who the tribe adopted in. The other is those related to Patrick Murphy Sr. who stem from JD Murphy (a white man) and Sinforosa Severano who may or may not be Pechanga. This discussion is really about Butch Murphy's line though, because of the adoption into the tribe; which was my question, when someone is adopted into the tribe the tribe adopts that person. So does that mean the children and grandchildren of an adopted person should be in the tribe?

From 12:10 yes there line needs to be disenrolled. This is the same as when they went back to an original allotee and said that they were not a Temecula valley Indian. Because they falsely said that the original allotee was not a Temecula valley Indian the whole family was disenrolled. Now this should apply to them as well. In 1928 Francisca Leyva applied under three different names claiming to be from Pechanga in order to receive money from the B.I.A... Then you have Irene (Leyva line) in the B.I.A. known to have change documentation for their families benefit. As far as the Murphy’s this is something the tribe needs to address and clarify because Rose was adopted by the tribe.

I believe the membership should rethink Butch Murphy. Rose Murphy, Butches common ancestor was adopted in the tribe in the late 1970's at a tribal meeting. According to the constitution adopted people are not allowed if not adopted prior to 1928. Roses heirs should have to be adopted individually or none at all.

As far as Jenny, Andy, Basquez Sr. and the Levy line, their common ancestor Francesca has a huge hole in the probate records. Who is she really? Couple that with the falsifying of documents and allot of issues arrive.

Congress and the Justice dept. have been notified of allot of these and other actions. Do they care, or have they initiated action? Yes I believe they do and have started.

Mark Macarro said in an interview with KNBC that when the tribe looked like it was going to get something allot of people showed up.

This fascinates allot of people. IGRA (Indian Gaming Regulatory Act) was approved in 1988, the same yr. Pechanga approved the dis enrollment procedures. This was five yrs or so after Butch asked to have his grandmother Rose Murphy adopted by the people of Pechanga. Mark Maccoro was starting to come around the reservation about the same time.

The humm in allot of Indian communities was gaming is a source for economic development, and this had been talked about for several yrs. prior to 1988.

Mark is correct that he and allot of others showed up when it look as if the tribe was going to get something. Where he is incorrect is pointing out that it was only the Hunters and Manuela families who had people applying for membership. Does anyone know when Mark Maccaro applied for membership? I dont think is to early, I believe it was right around the time Butch was asking to be adopted.

Mark Macarro said in an interview with KNBC that when the tribe looked like it was going to get something allot of people showed up.

This fascinates allot of people. IGRA (Indian Gaming Regulatory Act) was approved in 1988, the same yr. Pechanga approved the dis enrollment procedures. This was five yrs or so after Butch asked to have his grandmother Rose Murphy adopted by the people of Pechanga. Mark Maccoro was starting to come around the reservation about the same time.

The humm in allot of Indian communities was gaming is a source for economic development, and this had been talked about for several yrs. prior to 1988.

Mark is correct that he and allot of others showed up when it look as if the tribe was going to get something. Where he is incorrect is pointing out that it was only the Hunters and Manuela families who had people applying for membership. Does anyone know when Mark Maccaro applied for membership? I dont think is to early, I believe it was right around the time Butch was asking to be adopted.

Unlike Pechanga the Cherokee people adopted the Freedman prior to the treaty of 1866. These people have been part of that Indian community for hundreds of yrs. They have participated in the community and are recognized by the Cherokee, and the US government.

It is not the Indian way to wipe out entire populations of people who have been historically recognized by its own people and other sovereign's who have recognized them as part of a particular Indian community.

Dis enrollment or dis enfranchising of entire clans from Indian communities is nothing more than a scam to consolidate voting power and control governments who have historically operate under a true democracy.

Up until 2005, Pechanga always went with the will of the people. That is why Butch went to the Pechanga people and asked to be adopted. The band voted and accepted his ancestor Rose Murphy. In June of 2005 the tribal council sent a letter to the band saying that the enrollment committee had the final say in all membership issues. Then the enrollment committee dis enrolled the Hunters. Corrupt!

As part of the recognition of Pechanga by the Dept. of Interior they have to submit a constitution and bylaws. Pechanga always followed theirs, up until 2005. Corrupt!

"Up until 2005, Pechanga always went with the will of the people. That is why Butch went to the Pechanga people and asked to be adopted. The band voted and accepted his ancestor Rose Murphy. In June of 2005 the tribal council sent a letter to the band saying that the enrollment committee had the final say in all membership issues. Then the enrollment committee dis enrolled the Hunters. Corrupt!

As part of the recognition of Pechanga by the Dept. of Interior they have to submit a constitution and bylaws. Pechanga always followed theirs, up until 2005. Corrupt!"

Actually it was in 2005 that the tribe voted to outlaw disenrollment and it was in 2006 when they ignored the wishes of the people by disenrolling the Hunters.

The tribal council did claim in their March 2006 letter that the general membership could not question or interrupt the enrollment committee regarding enrollment or disnenrollment that it violated tribal legal precedent.

However there is tribal legal precedent that the people did overrule the enrollment committee in accepting the descendants of Rose Murphy as tribal members in 1986 after the enrollment committee had turned down their applications for enrollment.

So Butch Murphy is living breathing proof that the general membership and not the enrollment committee, as the tribal council claimed in its 2006 letter informing the tribe that the Hunters were not included in the law outlawing disenrollment, is in fact the final authority regarding enrollment issues.

This follows the Band's constitution and bylaws that states under Article VIII that the people are the final authority in all matters of government and business of the Band except where stipulated in the Bylaws.

So the bylaws don't state anywhere that the enrollment committee had the authority to overrule the people regarding enrollment or disenrollment.

In fact... When voting on important issues... Mark m. would say "the people have spoken" as he pounded his gavel. On the day our tribe outlawed disenrollment he did not make a sound. As if he was embarrassed the outcome was not what he wanted.

And the Hunters were disenrolled 5 months latter... But the story does not end there. How you gonna look in an orange jumper mark?

The spirit of some of these posts is correct as there is corruption going on at Pechanga but some of the facts aren't right.

It was in July 2005 when the tribe voted to end disenrollments and it was March 2006 when the Hunters were disenrolled so it was 8 months later not 5 months.

Also, Irene Scearce was working at the BIA when the enrollment committee reportedly was sent a copy of the 1940 census that had 13handwritten names added on to it and 12 of those people were born after 1940 and all of these people were from the Masiel/Basquez family!

I don't think that Irene reportedly had changed blood quantum levels on some people's paperwork but that would be another example of corruption.

In addition, it was a 1951 application for a per capita payment as a California Indian where Masiel/Basquez ancestor Francisca Leyva submitted three different applcation under similar names and the BIA sent her a letter saying she could only submit one application and it was not from 1928.

But I understand that there was more than one 1928 applcation as well.

I just think we should keep our facts straight and if anything I have posted here isn't accurate please correct me as well.

Does anyone really believe that there is a deep investigation going on in the BIA and in the Riverside office? Does anyone have any proof? I mean I hope there is, but too many people on here just throughout BS in hopes that it's going to worry people.

I'm not a spy; people are just full of it on here sometimes with their outrageous statements. Look back at all the stuff that was said when the FBI was investigating the scams that took place or the bribes Miranda took or the insurance fraud. People were saying the casino would be closed by now and of course it's not, because people just make stuff up thinking the tribe actually cares what they say.

"People were saying the casino would be closed by now and of course it's not, because people just make stuff up thinking the tribe actually cares what they say."

I don't know about any of that stuff and I have never posted anything regarding those things but one thing I do know is that I try to posts facts and actual violations of tribal law and you better believe some in the tribe are concerned about a lot of stuff that I and others too post here.

O.P. tracks who comes here to this blog and at times Pechanga, Washington D.C., and Sacramento have been very interested in what is being said here.

Personally I am not interested in propoganda just the truth and the truth is on our side and our opponents deep down know it.

I agree with you completely, and your posts are always interesting and insightful. Obviously I exaggerate a bit. I am also sure that a variety of people visit this site and I hope that it leads to the outside world caring about us. I just don't like it when people post things they know are not true.

The official bloodquatum for Pechanga membership is 0%. There are several members, one of which is a member of the counsel who have 0% Pechanga blood. This is a fact and is not debated and will be admitted to. You don't even have to have any Indian blood at all to be a member (right Mr. Murphy?).

THATS WHY YOU HAVE NO SUPPORT,KINDA FUNNY THE REDMAN SHOT HIMSELF IN THE FOOT,CAN,T FIGHT FOR YOUR RIGHTS BECAUSE YOU ,BEAT YOUR WIFE ,OR DID TIME FOR A DOPE CHARGE,AND DUI AND ETC,AND NOW CALIFORNIA WILL FUCK YOU AND SEND YOU AWAY FOR EVER ,,,,,SO YOU LAY BACK ON THE REZ ,,,,,,,,,,

I agree that this is an open forum and for the most part I'm glad that it is, but I do disagree that meaningless vulgar posts don't take away from the legitimacy of this site. If the wall street journal or USA today printed this type of information within their stories people would form a less than favorable opinion about the news source.

I agree with above both comments.If you are not willing to fight for your rights and always expect someone else to carry your load for you, wether it be sending off letters to Congress or willing to put yourself out there, that means your face needs to be seen and you voice needs to be heard.Don't stand aside do nothing, but if that's your position, well then so be it, but in my opinion YOU ARE NOT WHO YOU CLAIM TO BE.. OF TRUE NATIVE DESCENT...NO WAY.

I am constantly surprised by some people's view. For example "I feel if you not willing to fight you don’t deserve to be a member of the tribe." Do you think Martin Luther King said "oh you don't have to give those people rights, they didn't help me"? That's the difference of fighting for justice and rights versus fighting for a paycheck; if you wanted justice you want the tribe as it should be which is to include all that are Pechanga. On top of all that your attitude is the same as the tribe who keep people out, they say "where were you when the tribe was fighting to make it what it is today"?

You will be turned to stone all of you,for not doing what you were told to do!

With a loud voice he spoke these words to Tampu-chacay, "Thou traitor! thou who hast done me so much harm, thinkest thou to convey the news of my mortal imprisonment? That shall, never happen. For thy treason thou shalt remain outside, turned into a stone."

Anonymus...are you talking about the Tribe who kicked out their own people, declaring you are not part of them and you dont belong?Aren't THEY saying that all you want is a paycheck even though your ancestors have been part of this tribe for over 100 years?Where your ancestors not there when the tribe was fighting for what it is today? THEY WHERE THERE, RIGHT? YOU ALL HAVE THE RIGHT TO BELONG.

Millions of people marched with Martin Luther King, black, white, oriental and, unlike the Pechanga Tribe,they knew that human and civil rights should never be denied.Yes, God has placed the path before you, walk it and help yourself to gain back what is being denied to you by the criminals at Pechanga. People express themselves differently on the blog, but I think we can all agree that whatever is happening in Indian Country iS WRONG, CORRUPTION IS EVERYWHERE and something needs to happen to bring this to an end and bring everyone home to their tribes.

Yes I agree stand your ground,not sure I understand all that pay check stuff,thats not what I was talking about,this person appears to be making a lame excuse for not fighting for their rights.Its ok if you want to roll over and die and go away ,thats your business.But its not somebody elses place to carry the world on their shoulders while others eat potato chips and sit on their butts and do nothing.

My point is the tribe should be reunited. It shouldn't be up to someone on here who says you didn't help enough, you didn't fight with us. The fight is for human rights and you can't just say you didn't help so you shouldn't get human rights.

The thing is what is going to be effective. Some of us, even if it isn't that many people, post comments here, send letters, e mails, and faxes to elected officials and others have filed lawsuits againt the tribe for what they have done, while still others have at times protested outside of the casino and elsewhere.

My question to anyone out there, what should we do to be more effective?

All I know is if we do nothing, then those who have wronged us will have won for sure.

The American Government has had an on going plan of eradicating the native population of this country for hundreds of years. First they tried genocide going so far to even offer bountys on indians. Then they tried rounding them up and forcing them on reservations, knowing full well the importance the American Indian placed on freedom. They tried killing and destroying there food supply.

Then they tried to get rid of us by assimilation. Hoping we would dissapear and vanish forever into the general population. Making it a crime for indians to speak there own language, or practice there religious beliefs.

Now comes there most insidious plan, lets let them have casinos. Knowing the effect that an almost unlimited supply of money would have on a people who were unacustomed to such things. That it would attract unscrupulous people, and would tear apart the tribe from within. Then they could proclaim when people came running to them asking for help "its an internal matter" and then turn there back and a blind eye on the whole thing.

I am sure someone is snickering and laughing now.... the plan is working so well.

I agree that work needs to be done, and maybe my view of what can be done is wrong, but the way I see it is the only way the tribe will be reunited is either the federal government steps in or the tribal members make changes. In terms of the government we have to do that through lawsuits or Congress/DOI/BIA. In terms of the tribal members they either have to want us in or feel that they have to. My guess is the only way they will feel that they have to is if the government is forcing them. My thought is we have to educate tribal members on the issues and get them on our side.